Full Text of HR1319 99th General Assembly
HR1319 99TH GENERAL ASSEMBLY |
| | HR1319 | | LRB099 15839 RLC 49501 r |
|
| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, Federal law, 28 U.S.C. 2255, provides in part that | 3 | | a prisoner in custody under sentence of a court established by | 4 | | an Act of Congress claiming the right to be released upon the | 5 | | ground that the sentence was imposed in violation of the | 6 | | Constitution or laws of the United States, or that the court | 7 | | was without jurisdiction to impose the sentence, or that the | 8 | | sentence was in excess of the maximum authorized by law or is | 9 | | otherwise subject to collateral attack, may move the court | 10 | | which imposed the sentence to vacate, set aside or correct the | 11 | | sentence; and
| 12 | | WHEREAS, The United States Supreme Court held in Brady v. | 13 | | Maryland, 373 U.S. 83 (1963) that suppression by the | 14 | | prosecution of evidence favorable to an accused who has | 15 | | requested it violates due process if the evidence is material | 16 | | either to guilt or to punishment, irrespective of the good | 17 | | faith or bad faith of the prosecution; and
| 18 | | WHEREAS, Rule 16(a)(1)(E)(i) of the Federal Rules of | 19 | | Criminal Procedure provides that upon a defendant's request, | 20 | | the government must permit the defendant to inspect and to copy | 21 | | or photograph books, papers, documents, data, photographs, | 22 | | tangible objects, buildings or places, or copies or portions of | 23 | | any of these items, if the item is within the government's |
| | | HR1319 | - 2 - | LRB099 15839 RLC 49501 r |
|
| 1 | | possession, custody, or control and the item is material to | 2 | | preparing the defense or the government intends to use the item | 3 | | at trial;
and | 4 | | WHEREAS, Prosecutors continue to be found to have withheld | 5 | | exculpatory evidence favorable to the accused; and
| 6 | | WHEREAS, This results in convictions giving persons a | 7 | | criminal record and making it difficult for them to find a job | 8 | | and reconstruct a life after prison; and
| 9 | | WHEREAS, This abuse exists both in the federal and state | 10 | | criminal justice systems; and
| 11 | | WHEREAS, Federal post-conviction relief under 28 U.S.C. | 12 | | 2255 only applies to persons currently in custody; and
| 13 | | WHEREAS, It may be many years after a person is released | 14 | | from federal custody that the person discovers that the | 15 | | prosecutor of the case that resulted in his or her conviction | 16 | | withheld exculpatory evidence; and | 17 | | WHEREAS, Federal post-conviction relief should be extended | 18 | | to a person sentenced to probation or already released from | 19 | | custody if the prosecutor of the case that resulted in his or | 20 | | her conviction withheld exculpatory evidence; therefore, be it |
| | | HR1319 | - 3 - | LRB099 15839 RLC 49501 r |
|
| 1 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 2 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we | 3 | | urge Congress to amend 28 U.S.C. 2255 to provide that relief is | 4 | | available in cases when exculpatory evidence has been withheld | 5 | | from a person and either the person was convicted and sentenced | 6 | | to probation or the person has been released from federal | 7 | | incarceration; and be it further
| 8 | | RESOLVED, That suitable copies of this resolution be | 9 | | forwarded to the Speaker of the United States House of | 10 | | Representatives, the President pro tempore of the United States | 11 | | Senate, the Majority and Minority leaders of the United States | 12 | | Senate and House of Representatives, and to each member of the | 13 | | Illinois Congressional delegation.
|
|